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Public Safety and Homeland Security Bureau Seeks Comment On Request for Waiver Filed by the County of Monmouth, New Jersey To Operate a Trunked Public Safety Communications System Using Frequencies in the Television Channel 19 Band (500-506 MHz)

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Released: December 7, 2009


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 09-2549

Released: December 7, 2009





File Nos. 0003710492 and 0003395374

Comment Date: December 28, 2009
Reply Comment Date: January 7, 2010

The Public Safety and Homeland Security Bureau seeks comment on the above-captioned
applications and waiver request, as amended, initially filed on January 21, 2009, by the County of
Monmouth, New Jersey (Monmouth, or the County).1 Monmouth seeks waiver relief pursuant to Section
337(c) of the Communications Act of 1934, as amended (the Act)2, or in the alternative, Section 1.925 of
the Commission’s rules,3 to use, for public safety communications purposes, ten frequency pairs in the
television (TV) Channel 19 band (500-506 MHz) for a trunked public safety communications system.4
Monmouth is currently authorized on eight frequency pairs in the TV Channel 20 band (506-512
MHz) under call sign WQGU308.5 The County’s leadership “conducted a comprehensive review of
current communications capabilities … based on indicated known deficiencies, with wide variance among
municipal agencies and the heightened responsibility to improve emergency response.”6 The County
found that “[t]he varied wireless systems have no central coordination point.”7 Also, “[c]ommunications
are strained by poor or no coverage, antiquated equipment and inadequate capacity.”8 Finally,

1 See File Nos. 0003710492 (filed January 25, 2009 and amended May 29, 2009) and 0003395374 (filed January
25,2009, amended March 18, 2008, and May 29, 2009) and Applications and Waiver Request of Monmouth
County, New Jersey Under Section 337(c) of the Communications Act of 1934, as Amended (Waiver Request).
2 47 U.S.C. § 337(c).
3 47 C.F.R. § 1.925.
4 See Waiver Request at 4-5.
5 See Call Sign WQGU308. The license contains one repeater site located within fifty miles of Philadelphia,
Pennsylvania, where the TV Channel 20 band is allocated for private land mobile radio service use. See 47 C.F.R.
§§ 90.303, 90.305(a).
6 Waiver Request at 2-3.
7 Id. at 3.
8 Id.

“[d]ivergent spectrum resources exist among the police, fire and emergency medical agencies across
county and municipal agencies.”9 In an effort to “undertake a radio system redesign of all public safety
communications within the County,” which “will require additional spectrum,” Monmouth’s technical
consultant “conducted an extensive search of all existing land mobile bands applicable for use by public
safety in Monmouth County” and determined that “there are no channels available.”10 Monmouth’s
Frequency Advisor, the Association of Public Safety Communications Officials, International (APCO) for
the State of New Jersey, confirmed that “there are no available part 90 channels available for use by
Monmouth County.”11
Monmouth observes that “different parts of the County geographically lie within the New York
50 mile radius and the Philadelphia 50 mile radius defined by Subpart L of Part 90 of the Commission’s
rules.”12 Monmouth notes, “[t]he New York area 50 mile radius encompasses the largest portion of the
County, while the Philadelphia radius “encompasses approximately 28% of the County.”13 In reviewing
the availability of channels from the Philadelphia pool, Monmouth indicates that “there are frequencies
within TV channel 19 that can be used throughout Monmouth County without causing harmful
interference to any TV transmissions, including adjacent TV Channel 18, WMBC-DT.”14 To use this
spectrum, Monmouth would require a waiver of Sections 90.303 and 90.305(a) of the Commission’s rules
because “Monmouth County proposes to conduct operations that extend [beyond] the Philadelphia [fifty-
mile] radius by approximately 18.9 miles at the farthest point.”15 Monmouth asserts that “[a]ccess to the
proposed UHF channels will improve regional interoperability and afford opportunity where none existed
before.”16 The County states that such access “will allow the County and its municipalities to join State
and regional interoperability pacts, which are predominantly in the UHF band,” including “the Urban
Area Security Initiative (UASI) that encompasses New Jersey municipal agencies.”17
Monmouth states that its “use of channel 19 is consistent with incumbent land mobile operations
in these markets and presents no additional challenges to co channel or adjacent broadcast operations.”18
Because Monmouth proposes to operate in areas of the County that will be less than ninety miles from
Station WMBC-DT, it requests waiver of Sections 90.307(a), (c) and (d).19 On May 15, 2009, Monmouth

9 Id.
10 Frequency Availability Study and Analysis of the Use of TV Channel 19 in Monmouth County, New Jersey for
Public Safety Wireless Communications (dated November 2008) at 1-2.
11 Letter from Lieutenant Anthony Melia, APCO New Jersey Frequency Advisor, to Undersheriff Shaun Golden,
Monmouth County Sheriff’s Office (dated July 1, 2008).
12 Id. at 3. See 47 C.F.R. §§ 90.303, 90.305(a).
13 Waiver Request at 3.
14 Id. at 3-4. TV Channel 19 is allocated for private land mobile radio service use in the Philadelphia, Pennsyvania
urbanized area. See 47 C.F.R. § 90.303.
15 Waiver Request at 13. We note that only File No. 0003710492 contains sites located outside the Philadelphia
fifty-mile area. File No. 0003395374 would not require a waiver of Sections 90.303 and 90.305(a) because its sites
are located within the Philadelphia fifty-mile area. However, Monmouth attached the same Waiver Request to the
latter application, presumably because it is affected by Monmouth’s request for waiver of Section 90.307, as
described infra.
16 Waiver Request at 4.
17 Id.
18 Id. at 10.
19 See id. at 6. See 47 C.F.R. § 90.307.

County entered into an agreement with adjacent broadcast station WMBC-DT where, in exchange for its
concurrence, the County will “minimize transmissions toward WMBC-DT broadcast operations.”20 Monmouth
agrees to several non-interference conditions and agrees to accept all interference from WMBC-DT. 21
As a part of the analysis under Section 337(c) of the Act, as well as the Commission’s waiver
criteria, we also seek comment on whether the 700 MHz public safety band would provide a viable
alternative, particularly since the June 12, 2009 digital television transition date has passed,22 and the
Commission’s actions in facilitating a nationwide, interoperable public safety network.23 In particular, we
request comment on the effect on television broadcasters of decreasing the potentially available spectrum
for their use in Monmouth County and in the areas beyond Monmouth where they would be unable to use
TV Channel 19 for television broadcast service as a result of the County’s proposed use of frequencies in
the TV Channel 19 band for public safety. We also seek comment on whether Monmouth County could
complete its proposed upgrade and improve interoperability by using frequencies in the 700 MHz public
safety band, rather than using the television T band frequencies?
We further note that the Commission requires private land mobile radio licensees in 150-174
MHz and 450-512 MHz to transition from 25 kHz to 12.5 kHz technology by no later than January
1,2013,24 and that Monmouth holds several licenses in this range that are currently operating in wideband
mode. Should the Commission consider the applicant’s current progress in achieving this requirement or
other measures of spectrum efficiency when determining whether or not the public interest supports
assigning non-public safety spectrum to a public safety entity under either Section 337(c) of the Act or
rule Section 1.925?25
Pursuant to Sections 1.415 and 1.419 of the Commission’s rules, 47 C.F.R. §§ 1.415, 1.419,
interested parties may file comments and reply comments on or before the dates indicated on the first
page of this Public Notice. All comments and reply comments should reference the subject Waiver
Request and the DA number indicated on this Public Notice. Comments may be filed: (1) electronically

20 See Agreement Between the County of Monmouth, New Jersey and Mountain Broadcasting Corporation, dated
May 15, 2009.
21 See id. at 2.
22 In the DTV Delay Act that was enacted on February 11, 2009, Congress extended the date for the completion of
the nationwide DTV transition from February 17, 2009 to June 12, 2009. See DTV Delay Act, Pub. L. No.111-4,
123 Stat. 112 (2009). Accordingly, subject to the DTV Delay Act, the Commission extended the analog license
terms and adjusted the construction permits for the full power television stations on February 13, 2009. See
Implementation of the DTV Delay Act, Report and Order and Sua Sponte Order on Reconsideration, MB Docket
No. 09-17, 24 FCC Rcd 1607 (2009).
23 See Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band, PS
Docket No. 06-229; Development of Operational, Technical and Spectrum Requirements for Meeting Federal State
and Local Public Safety Communications Requirements through the Year 2010, WT Docket No. 96-86, Second
Report and Order
, 22 FCC Rcd 15289 (2007).
24 See Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended; Promotion of
Spectrum Efficient Technologies on Certain Part 90 Frequencies, Third Memorandum Opinion and Order and Third
Further Notice of Proposed Rule Making and Order
, WT Docket No. 99-87, RM-9332, 19 FCC Rcd 25045 (2004).
See also 47 C.F.R. §§ 90.209(b)(5)-(6).
25 See Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended; Promotion of
Spectrum Efficient Technologies on Certain Part 90 Frequencies, Third Memorandum Opinion and Order and Third
Further Notice of Proposed Rule Making and Order
, WT Docket No. 99-87, RM-9332, 19 FCC Rcd 25045 (2004).
See also 47 C.F.R. §§ 90.209(b)(5)-(6).

by accessing the applicant’s file number(s) in the Commission’s Universal Service Licensing System
(ULS),26 or (2) by filing paper copies.
Electronic Filers: Pleadings may be submitted electronically as follows:
From the ULS website at, begin the process of submitting a pleading
by clicking on the “ULS Pleadings” link in the menu on the lower left side of the ULS web page. The
link will take you to the “Pleading Information” screen for “Non-docketed Pleadings” where you select
“Reply” in the drop-down window for the type of pleading and then enter the pleadings filer information.
Completion of the contact information is optional. Upon completion of this screen, please note the
instructions for the filing: “Pleadings must be dated and must include a signature, in this instance an
electronic signature, and the address and phone number of the signing party
.”27 Click on “CONTINUE.”
The second step is to complete the File Numbers/Call Signs screen. Click if the pleading pertains
to a File Number or Call Sign and enter the File Number or Call Sign. Please note that you must enter a
File Number or Call Sign to continue. If the pleading pertains to multiple applications or licenses, you
must enter each File Number or Call Sign as appropriate. After clicking the “SUBMIT” button, the
screen will update to show all the File Numbers/Call Signs associated with the pleading. At this time,
you may delete selected File Numbers/Call Signs from the page before continuing.
The third step is to complete the Attach File screen to attach the pleading document. Use the
drop down box to select Pleading or Confidential Pleading. The “BROWSE” button opens a file upload
window where you will locate and select your pleading file. The Description field allows you to enter a
brief description for the pleading. Click the “ADD ATTACHMENT” button to upload your pleading.
You may submit up to thirty files for each pleading but each file must be smaller than 10 MB in size.
You also have the opportunity to delete any selected file from the pleading.
Finally, to complete your electronic pleading submission, click on the “SUBMIT PLEADING”
button and the Confirmation screen will be displayed. The Confirmation screen will display your
Confirmation Number as well as your entered pleadings information. You may print this page for your
records by selecting the Print Page link at the top of the page and have the option of submitting another
pleading or returning to the ULS website by selecting a link at the bottom of the page.
The ULS Application and License Search results will display pleadings under the ADMIN tab
when a comment or reply comment has been filed. Users can view the pleading by clicking on the link
for the specific comment or reply comment in the Description field. The general public will not be able to
view confidential pleadings.
For additional information or assistance on how to file a comment or reply comment or other
relevant pleading, you may visit the Web at You may also call the FCC ULS
Customer Support Center at (877) 480-3201 and select option 2, or (888) 225-5322 and select Option 2,
or (717) 338-2888. For TTY, please call (717) 338-2824. Assistance from the FCC ULS Customer
Support Center is available between the hours of 8 a.m. to 6:00 p.m. Eastern Time, Monday through

26 See “Wireless Telecommunications Bureau Enhances the Commission’s Universal Licensing System to
Implement Electronic Filing for Pleadings,” Public Notice, 21 FCC Rcd 424 (WTB 2006). See
27 See 47 C.F.R. Part 1.

Friday (except Federal holidays). To provide quality service and ensure security, all telephone calls to
FCC ULS Customer Support Center are recorded.
Paper Filers: Parties who choose to file by paper must submit an original and four copies of each
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S.
Postal Service mail). All filings must be addressed to the Commission’s Secretary, Office of the
Secretary, Federal Communications Commission.
The Commission’s contractor will receive hand-delivered or messenger-delivered paper
filings for the Commission’s Secretary at 236 Massachusetts Avenue, NE, Suite 110,
Washington, DC 20002.

Effective December 28, 2009, the Commission will close this
filing location

, and the Commission’s contractor will begin receiving hand-delivered and/or
messenger-delivered paper filings for the Commission’s Secretary at the FCC Headquarters
building located at 445 12th Street, SW, Room TW-A325, Washington, DC 20554. The
filing hours at both locations are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held
together with rubber bands or fasteners. Any envelopes must be disposed of before entering
either building.
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail)
must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
The application(s), waiver request, and comments and reply comments can be accessed
electronically via the Commission’s Universal Licensing System, The full text
of the Waiver Request, comments and reply comments will be available for inspection and duplication
during regular business hours in the FCC Reference Information Center (RIC) of the Consumer and
Governmental Affairs Bureau, Federal Communications Commission, 445 12th Street, S.W., Room CY-
A257, Washington, DC 20554. Copies may be purchased from the Commission’s duplicating contractor,
Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, S.W., Room CY-B402, Washington, DC
20554. Customers may contact BCPI through its web site,, by email at, by phone at (202) 488-5300 or (800) 378-3160, or by facsimile at (202) 488-5563.
For further information regarding the public reference file for this waiver request, contact Lisa Williams,
RIC, (202) 418-1352.
Because of the policy implications and potential impact of this proceeding on persons not party to
the Application, it is in the public interest to treat this case as a permit-but-disclose proceeding under the
ex parte rules. See Sections 1.1200(a) and 1.1206 of the Commission’s rules, 47 C.F.R. §§ 1.1200(a) and
1.1206. Therefore, subsequent to the release of this Public Notice, ex parte presentations that are made
with respect to the issues involved in the subject waiver request will be allowed, but must be disclosed in
accordance with the requirements of Section 1.1206(b) of the Commission’s rules, 47 C.F.R. § 1.1206(b).
People with Disabilities: To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail to or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

For further information, contact Mr. David Siehl of the Policy Division, Public Safety and
Homeland Security Bureau at (202) 418-1313 (voice), (202) 418-7233 (tty), or via e-mail to
By the Chief, Policy Division, Public Safety and Homeland Security Bureau.
- FCC -

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